Fitchburg woman admits to impersonating a nurse

Monday

Apr 14, 2014 at 1:34 PMApr 14, 2014 at 2:17 PM

By Gary V. Murray TELEGRAM & GAZETTE STAFF

WORCESTER— A Fitchburg woman who secured employment as a nurse by fraudulent means was sentenced to state prison today after pleading guilty in Worcester Superior Court to charges that included identity fraud and larceny.

Yahaira Figueroa, 33, formerly of 96 Mechanic St., Fitchburg, was sentenced to 1 to 3 years' imprisonment with credit for 404 days spent in custody awaiting trial. She was also placed on probation for 3 years, to begin upon her release, and ordered to pay $5,931 in restitution as a condition of probation.

Assistant District Attorney John A. O'Leary told Judge James R. Lemire that Ms. Figueroa worked as a certified nursing assistant in 2010 at the Life Care Center Nursing Home in Leominster. One of the residents under her care was a 75-year-old retired licensed practical nurse, according to the prosecutor.

On or about Nov. 13, 2010, Ms. Figueroa used the retired nurse's personal identifying information, without her knowledge or consent, to submit a name and address change electronically to the state Division of Health Professions Licensure, Mr. O'Leary told the court. By so doing, he said, Ms. Figueroa was able to transfer the retired nurse's valid licensed practical nurse number into her own name and have it sent to her address.

In May of 2011, Ms. Figueroa created a document on Mount Wachusett Community College letterhead falsely indicating that she had graduated from the institution with a certificate in practical nursing, according to Mr. O'Leary.

He said Ms. Figueroa then submitted a false resume to the Golden Living Center in Fitchburg and obtained employment there as a licensed practical nurse. Ms. Figueroa worked in that capacity from Dec. 30, 2010, to Feb. 9, 2011, before being terminated for incompetence, Mr. O'Leary told the court. She unjustly earned $5,931 from the center, he said.

On or about Aug. 1, 2012, while under indictment on identity fraud, larceny and making a false application for a nursing license charges, Ms. Figueroa again used the retired nurse's personal identifying information in an attempt to gain employment at River Terrace Healthcare in Lancaster, according to Mr. O'Leary. This time her efforts were thwarted, the prosecutor said.

Ms. Figueroa pleaded guilty to three counts of identity fraud, larceny over $250, attempted larceny and making a false application for a nursing license.

Mr. O'Leary recommended that she be sentenced to 3 to 4 years in state prison with three years of probation to follow her release. He recommended that Ms. Figueroa be ordered to pay $5,931 in restitution to the Golden Living Center.

In support of his recommendation, Mr. O'Leary said the health and well-being of the Golden Living Center's residents was jeopardized by Ms. Figueroa when she carried out the duties of a licensed practical nurse without the proper training.

He also noted that she had been placed on probation in the past for larcenous conduct that involved her working while receiving public assistance for a disability.

Ms. Figueroa's lawyer, Sean J. Gallagher, recommended that his client be sentenced to time served with a period of probation.

Mr. Gallagher said Ms. Figueroa, a mother of two, mistakenly believed her training as a certified nursing assistant qualified her to do the job of a licensed practical nurse. He also told the court Ms. Figueroa's 404 days in custody had taken a toll on her and "made a profound impression on her."